Law & Wise: we will help you prepare documents for the bankruptcy of your business!

Your company is not able to pay off debts that have arisen in the process of business. You are at the stage of bankruptcy, but do not know how to initiate the procedure? Law & Wise lawyers will prepare the necessary documents for declaring the organization insolvent.

What are the necessary documents for commercial bankruptcy?

Federal Law No. 127-FZ dd. October 26, 2002 regulates the issue related to commercial bankruptcy. This regulatory legal document stipulates the required documents to be submitted to the authorized body to initiate commercial bankruptcy. You cannot independently prepare a package of documents, right? Contact the Law & Wise Office for help - we will definitely help you!

When providing services we will:

Audit the required primary documentation to identify possible risks, including bringing the general director, chief accountant, founders and beneficiaries to secondary liability.

Carry out the necessary preparatory measures for the bankruptcy proceedings, including pre-action and claim-related work with creditors and debtors.

Prepare a bankruptcy petition and initiate a bankruptcy case in court.

Carry out, if possible, a fast-track and simplified bankruptcy procedure.

Monitor the actions of the insolvency officer and, appeal if necessary, his actions.

Help to carry out an inventory of the organization’s property and assessment of its value submitting a report to the authorized bodies.

Complete the bankruptcy proceedings, obtain a certificate of the company’s removal from the Uniform State Register of Legal Entities and deposit the documents in the archive.

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Why should you entrust the preparation of documents to Law & Wise lawyers?

While considering the commercial bankruptcy case, the commercial court analyses and examines the submitted documentation. Any flaws in the official papers may be the reason for the court to dismiss the bankruptcy petition. It is simple to avoid it - you need to entrust the preparation of documents to professionals.

Entrusting the Law & Wise lawyers to collect documents, be sure that:

They will check the documentation for compliance with current legislation of the Russian Federation, as well as all reference details and data.

The application will contain full information on the terms and amount of the legal entity’s debt.

Experienced lawyers will give reasons for the debtor’s failure to make payments to creditors.

Judical practices and cases

QUESTION-ANSWER

What documents do you need to declare a person and legal entity bankrupt?

Federal Law of 26.10.2002 No. 127-FZ "On Insolvency (Bankruptcy)" specifies the full list of documentation. For example, to start a bankruptcy case of an individual, you must provide:

- Personal documents (Personal insurance policy number/SNILS, passport, TIN, extract from the personal account, documents on marital status, including marriage contract, birth certificates of children (adoption, custodianship) and extract from EGRIP if available.)
- Documents confirming the financial standing of the applicant (income certificates, 3-NDFL (personal income tax) declarations, information on the status of cash accounts, current information about the salary from the workplace).
- Documents that indicate the property status of the applicant (inventory of property, certificate of ownership, an extract from the register of shareholders, documents on transactions carried out, etc.).
- Documents displaying claims of creditors (documentation showing that there are overdue debts, a list of creditors and debtors of an insolvent person, notifications sent to creditors on initiation of bankruptcy).
- Payment documents (state duties, statement of payment into court).

The list of documents for commercial bankruptcy:

- Constituent documents of a legal entity, as well as a certificate of state registration;
- A list of legal entity’s creditors and debtors stating the amounts of financial obligations to each of them;
- The balance sheet of the organization on the closing date;
- Report on the value of the legal entity’s property prepared by an appraiser;
- Other necessary documents, depending on the company’s legal form.

What documents should one attach to the petition in personal bankruptcy?

The bankruptcy law envisages quite an extensive list of documents to be attached to the petition in personal bankruptcy:

- Documents confirming the existence of the debt, existence or absence of an individual entrepreneur status;
-Citizen’s lists of creditors and debtors;
- Inventory of the citizen’s assets, specifying their location and place of storage;
- Copies of documents confirming the title of the individual to the assets;
- Information about the income gained and the amount of taxes withheld;
- Information from the bank on existence of accounts and deposits in the bank;
- A copy of the Government employment services decision on acknowledging the citizen jobless, if such decision was taken;
- A copy of the certificate of marriage / divorce;
- Other documents (the full list is indicated in paragraph 3 of article 213.4 of the Bankruptcy Law).

The debtor, bankruptcy creditor, authorized bodies, as well as the debtor’s employee, the former employee, who have claims for severance benefits and (or) labor wages may submit the petition on bankruptcy to the commercial court.